Course Description:
The hallmarks of our system of government are a written constitution with judicial review, federalism, and separation of powers. What do these involve, exactly? What are the differences between federal and state law, and how do they relate to one another? What is the relationship between a legislature and an administrative agency? What role does our centuries’ old federal Constitution play in the formulation, implementation, and interpretation of contemporary law? Despite the fact that U.S. governments and U.S. laws shape the day-to-day life of every U.S. citizen and resident (and indeed the lives of people around the world), many do not fully understand key elements of these institutions. This course offers an introduction to them that is at once concise, clear, and sophisticated.
Topics covered include:
- Distinguishing laws from other kinds of rules
- The role of state versus federal law
- Key differences among the many sources of U.S. law, such as the federal and state constitutions, and federal and state statutes, regulations, and court decisions
- The legislative process
- The distinctive features of the modern administrative state.
- The principle of separated powers.
- The changing place of the U.S. Constitution and the practice of judicial review over our nation’s history.
Course Objectives:
- Understand the design of the U.S. government and the distinctive roles of the Legislative, Executive, and Judicial Branches.
- Grasp the major sources of U.S. law: constitutions, statutes, regulations and court decisions.
- Appreciate what is distinctive about the modern “administrative state” and the important role administrative agencies play in modern U.S. government.
- Distinguish the roles of federal and state law in the U.S. legal system.
- Recognize the centrality of the U.S. Constitution to the operation of our political and legal system, including major moments in U.S. constitutional history.
Course Outline
Kinds of Law
Presented by I. Glenn Cohen
This module introduces you to some key distinctions you will encounter in the law, in particular distinctions between the main sources of law in the U.S. system: constitutions, statutes, regulations, and judicial decisions.
What is Law?
Presented by I. Glenn Cohen
This module highlights the difficulties of determining what identifies a rule as a legal rule, as opposed to a rule of a game or of morality, and delves briefly into the relationship of law to morality.
Federal vs. State Law and Order of Authorities
Presented by Randall Kennedy
This module will help you understand the “order of authorities” (sometimes also called “hierarchy of authorities”) in the U.S. legal system – what sources of law prevail over other sources. By the module’s end you will be able to understand the relative authority within both the federal and state systems of: Constitutions Statutes Regulations, Judicial Decisions. You will then learn how federal and state laws interact and, when the two conflict, which law prevails over the other in the event of a conflict.
How a Bill Becomes Law
Presented by Susan Davies
This module will help you understand the process by which a bill becomes law in the federal system. We will discuss the ten steps involved, including the introduction of the bill, committee action, referral to the other chamber, and the possibility of a presidential veto. You will learn some of the ways in which congressional procedures, checks and balances, and political realities (by design) make the passage of laws difficult.
Introduction to the Separation of Powers
Presented by Charles Fried
This module will help you understand the “separation of powers” (sometimes also called “checks and balances”) – how the different branches of the federal government interact – sometimes harmoniously, sometimes in tension. By the lesson's end, you will be able to understand the relative authority within the federal system of: The Executive Branch, The Legislative Branch, and The Judicial Branch. You will learn a bit about Constitutional history, and the important role of the courts as referee between the branches.
Introduction to the Administrative State
Presented by Jodi Freeman
This module introduces you to the administrative state – the activities of the large number of federal agencies (like the FDA, EPA, SEC) that carry on the day-to-day work of the federal government. You will gain a better understanding of the history of administrative agencies and their place in the federal government.
An Historical Overview of the Constitution
Presented by Noah Feldman
This module introduces you to the U.S. Constitution – its history, key amendments, and evolving interpretation. Among other things, you will learn about the Articles of Confederation, the Constitutional Convention of 1787, the Bill of Rights, the Reconstruction Amendments, the “Lochner era” and the Supreme Court’s decision in Brown v. Board of Education (1954). By the module's end, you will understand some of the major moments in constitutional history.
Law and History
Interview with Annette Gordon-Reed
Through an interview with Pulitzer-Prize winning law professor and historian Annette Gordon-Reed, this video introduces you to the deep connections between history and historical study and law and lawyers.
Grading
Some sections of this course include comprehension check questions - these are ungraded, practice questions. This course and these questions are designed to introduce you to some of the basic features and vocabulary of the law and legal system of the United States. The course’s aim is to enable you to engage with, debate, and critically reflect on these topics in much greater depth.
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